South Dakota Bill 1214 Mandates Lower Sentences for Convicted Individuals with Abuse Histories

Original title: require that courts consider as a mitigating factor during sentencing an individual's history as a victim of abuse and provide for a reduced sentence in certain circumstances.

Last action · February 9, 2026: TabledSponsors: Kadyn Wittman and 6 others

Bill progressHistory & official text ↓

Introduced

Committee

Floor Vote

Passed

Law

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What This Bill Proposed

House Bill 1214 requires state courts to consider an individual's history as a victim of abuse as a during sentencing, mandating reduced penalties if the abuse contributed to the crime. The measure also establishes a formal process for individuals convicted before July 1, 2026, to apply for resentencing.

Why it matters

The measure alters prison terms for qualifying offenders by mandating sentence reductions of at least one-third or capping life sentences at 30 to 35 years, while excluding individuals convicted of Class A felonies or sex offenses.

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Individuals convicted of crimes with a history of abuse

Qualifying individuals are eligible to have their history of abuse considered as a mitigating factor, receive mandatory sentence reductions, or apply for resentencing.

Directly affected

State's attorneys

State's attorneys must be notified of resentencing applications and may submit facts or circumstances relevant to the imposition of a new sentence.

Directly affected

Department of Corrections

The department maintains custody of individuals requesting resentencing and generates institutional records of confinement used during resentencing hearings.

Key Facts

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Frequently Asked Questions

What types of abuse are recognized under this measure?

The measure defines abuse as physical, psychological, or sexual abuse inflicted by a family member, household member, romantic partner, spouse, trafficker, or someone who used the individual for financial gain.

Who is excluded from receiving these sentence reductions?

Individuals convicted of a , an offense requiring sex offender registration, or an attempt or conspiracy to commit a sex offense are excluded.

Can individuals currently serving sentences apply for resentencing?

Yes, an individual serving a sentence for an offense committed prior to July 1, 2026, may submit a request to apply for resentencing to the court that imposed the original sentence.

What else do you want to know?

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Where This Stands

This bill did not become law - Tabled in the House.

Procedural history

2 actions

Feb 9, 2026House
Tabled
Jan 29, 2026HouseIntroduced
First read in House and referred to

Version history

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